involuntary-bankruptcy

6 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-940 Timothy L. Blixseth v. Montana Department of Revenue Ninth Circuit 2025-03-03 Denied Amici (1) bankruptcy-law circuit-split congressional-power eleventh-amendment involuntary-bankruptcy sovereign-immunity Whether the Eleventh Amendment prevents Congress from authorizing citizens to collect damages against states that force citizens into bankruptcy with …
23-211 Joseph G. Wortley v. James Juranitch, et al. Eleventh Circuit 2023-09-06 Denied Response Waived bad-faith bad-faith-filing bankruptcy bankruptcy-petition business-divorce closely-held-business closely-held-company deadlock insider-filing involuntary-bankruptcy involuntary-petition Whether an insider's involuntary bankruptcy petition against his closely-held business for the express purpose of "breaking a deadlock" or to get a "b…
20-1177 National Medical Imaging, LLC, et al. v. U.S. Bank, N.A., et al. Third Circuit 2021-02-25 Denied Amici (1)Response Waived bad-faith bankruptcy-code bankruptcy-petition compensatory-damages involuntary-bankruptcy jury-trial punitive-damages seventh-amendment Section 303 of the Bankruptcy Code governs involuntary bankruptcy cases. In an involuntary bankruptcy case it is the creditors, not the debtors, who s…
20-396 Sheri Speer v. Michael Tieger, et al. Second Circuit 2020-09-25 Denied abstention abstention-doctrine abuse-of-process bankruptcy-code circuit-split civil-procedure involuntary-bankruptcy legal-precedent subject-matter-jurisdiction Involuntary bankruptcies are rare - as they should be. They are a last resort after all state remedies have been exhausted, and are not a tool to be u…
19-1369 TRUMPF, Inc. v. CSI Worldwide, Inc. Seventh Circuit 2020-06-12 Denied Response Waived 11-usc-303 bankruptcy-law-11-usc-303 bankruptcy-standing congress-authority congressional-authority court-procedure involuntary-bankruptcy judicial-estoppel judicial-overreach judicial-usurpation jurisdiction jurisdictional-requirements separation-of-powers standing standing-requirements Whether it is unconstitutional and impermissible for a court to usurp Congress' authority by reducing the strict standing and jurisdictional requireme…
19-137 Vibe Micro, Inc. v. SIG Capital, LLC Ninth Circuit 2019-07-29 Denied bankruptcy-law bankruptcy-statute circuit-split damages federal-procedure involuntary-bankruptcy involuntary-petition non-debtor non-debtor-relief standing statutory-interpretation A circuit split currently exists over the scope of 11 U.S.C. § 303(i), which provides remedies for the improper filing of an involuntary bankruptcy pe…